Delaney
CONCORD, N.H. (Legal Newsline) - New Hampshire Attorney General Michael Delaney has announced a settlement with an automotive salvage yard alleged to have violated the state's solid waste, hazardous waste and groundwater protection statutes and regulations.
James Bonia, doing business as Tri-State Car Crushing in Lempster, New Hampshire, will pay a civil penalty of $114,000 under the settlement, which was approved by the Sullivan County Superior Court.
The settlement follows a lawsuit filed against Bonia on April 15, 2008, that sought a preliminary and permanent injunction as well as civil penalties.
The state alleged in the lawsuit the Bonia had violated state laws by operating an unpermitted solid waste facility, improperly managing and storing hazardous wastes and regulating substances, failing to report and clean up spills of hazardous wastes and regulated substances, failing to protect monitoring wells from damage or burial, and failing to perform groundwater monitoring as previously agreed.
As a result of the settlement, Bonia will begin paying the state installments of the $114,000 civil penalty on June 1. Ninety-thousand dollars of the penalty will be suspended for 10 years provided that Bonia does not violate terms of the settlement or any state or federal environmental statute or regulation.
Bonia is also required by the settlement to obtain a groundwater management permit from the Department of Environmental Services to monitor and manage related groundwater contamination. Bonia must also remediate lead contamination at the salvage yard, which is located on Route 10 in Lempster.